Those who win civil personal injury suits can usually recover damages. The amount of an award is determined on an individual basis; if the award is too much or not enough, the court can raise or lower it without an appeal or new trial. Personal injury awards can include both punitive and compensatory damages, and can best be obtained with the help and advice of a personal injury lawyer Laurel MS.
Compensatory Damages
These damages are meant to put a person in the same position they would have been in had the accident or injury never occurred. By assigning a monetary value to a victim’s injuries, compensatory damages attempt to restore victims emotionally, physical and financially. Compensatory damages repay victims for monetary losses, and for general, non-monetary losses. They typically include:
* Medical expenses: Medical damages can include bills for both current and future medical rehabilitation and care. Future expenses are calculated by estimating the patient’s needs for the rest of their foreseeable life.
* Disability expenses: Injuries can result in disabilities requiring that a victim alter their lifestyle. Damages cover the costs of making such changes; for instance, an award can repay a victim’s costs for adding wheelchair access to a home, or it can pay for 24-hour nursing care.
* Lost income/wages: Victims can recover wages lost during recovery, and they are also entitled to compensation for earning capacity lost because of an injury.
* Property replacement/repair: Victims can recover costs associated with property damage (from car crashes and other accidents).
* Funeral costs: A personal injury victim’s Laurel MS family can recover costs associated with a funeral for their loved one.
* Non-Monetary Losses
* Non-monetary losses are difficult to determine, and damages can vary widely from one case to another. Awardable damages include those for:
* Pain/suffering: Here, compensation is given for pain and emotional distress.
* Consortium loss: A personal injury victim’s spouse and the Brinkley Law Firm can recover damages associated with the loss of elements such as affection, comfort, solace, society and sexual relations.
Punitive Damages
A punitive award isn’t meant to compensate a victim, but to punish defendants for their part in the victim’s injuries, and to dissuade others from acting similarly. Damages are usually awarded in cases of egregious conduct on the part of the defendant, but are not given in all injury cases. To avoid excessive punitive awards, courts typically cap these damages at ten times the compensatory damage amount. Click here for more details.
